Facts bearing upon opinions of experts.
What this section does
Facts that are not otherwise relevant become relevant if they support or are inconsistent with the opinions of experts, when those expert opinions are themselves relevant. This provision allows collateral facts to be admitted solely to test or corroborate expert opinion.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Facts supporting or contradicting a relevant expert opinion are themselves relevant even if not otherwise so.
When it applies
- The question is whether A was poisoned by a certain poison — the fact that other persons poisoned by the same poison exhibited certain symptoms (which experts affirm or deny as characteristic) is relevant.
- The question is whether a sea-wall caused harbour obstruction — the fact that similarly situated harbours without such sea-walls also became obstructed at the same time is relevant to test the expert's opinion.
Derived from IEA s.46.
Read the official text
For the binding statutory text of BSA Section 40, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 40 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.